civil process - Woolf report

What is the civil procedure act 1997

Implemented the 4 criticisms in the Woolf report

Cost

Delay

Complexity

Too adversarial - promote cooperation

What does the Woolf report say the civil justice system should be (overriding objectives)

Just in the results it delivers

Fair in the way it treats litigants

Deal with cases at reasonable speed

Understandable

Effective - resourced & originated

Offer appropriate procedures at a reasonable cost

4 reforms made

Simplification of procedures

Judicial case management

Pre-action protocols

Encouragement of ADR

What procedures were simplified

4 track system - small claims, fast track, intermediate track, multi-track

Language

Forms

What is small claims

Lower value, less complex - cost effective & straightforward

Value - 1 - 1000

Personal injury - 1000-10,000

Encouraged to self represent

What is fast track

Moderately complex cases needing a more structured approach

Value & personal injury - 10,000 - 25,000

Legal rep more common

Fixed recoverable costs

What is intermediate track

Complex, but not enough for multi track (bridge gap between fast & multi)

Value - 25,000 - 100,000

Personal injury - 100,000

Legal rep

Fixed recoverable costs

What is multi track

Most complex & high value cases

Value & personal injury - 25,000

Legal rep

Standard cost

Simplified language

Plaintiff - claimant

Writ - claim form

Minor - child

What are the responsibilities of judges as case managers

Encourage both parties to cooperate

Identify issues at an early stage

Encourage the use of ADR

Help settle

Make use of tech

Control progress of case

What are the 4 main criticisms of the reforms

Costs

Delay

Case management

Encouragement of ADR

Criticisms of cost

Costs have gone up, early preparation of cases & information has led to front loading of costs so even those who settle out of court (90%) are affected

Rise in costs has led to further cuts to legal aid budgets - lack of access to justice

Criticisms of delay

Solicitors make better case managers, judges add to delay

Ignores how parties contribute to delay

Post-issue claims were quicker than fast track

Criticisms of case management

Increases cost because it generates more work for lawyers

New rules encourage inconsistent decision making so people have little idea of how much they will have to pay if they lose

Criticisms of encouraging ADR

No evidence this is being enforced at the allocation stage

Recommendation is that we should see more penalties for judges who do not enforce the requirement to try ADR - Dunnett v Railtrack & Halsey v Milton Keynes NHS trust

5 proposals made by the law society

Accessible online info

Sustainable civil aid system

Ombudsman schemes

Unbundled legal services

Legal expense insurance

Accessible online info

When facing a legal problem the individual will most likely search for advice online & find thousands of results with no way of knowing what is reliable

The UK gov should invest in the development of a single trusted website to navigate legal options

Sustainable civil aid system

Civil aid - aid for those struggling to pay for legal advice & rep

Years of underinvestment means the civil aid system is cracking under pressure

Gov should implement simpler legal aid contracts

What are ombudsman schemes

Help to resolve disputes with businesses/public bodies

What are unbundled legal services

Willing consumers take on some work traditionally done by solicitors

Legal expense insurance

14 million people have legal expense insurance but few claim, solicitors should work with the insurance industry to increase awareness of legal expense insurance products for those who hold a policy